OUTCOME
OF MCMILLEN MURDER TRIAL YIELDS DIFFERING VERDICTS
By Angela Burns Piper
Attorney
Paul Dennis (of O’Neal, Webster, O’Neal, Myers, Fletcher &
Gordon lawfirm), Alexander
Benedetto minutes after being freed and his girlfriend
[Island Sun photo by Angela Burns Piper]
While three of the four defendants in the McMillen murder trial have been freed of murder and accessory after the fact charges, one was left to stand alone and of the three, two will have to return to court in October to face a lesser charge of perverting the course of justice.
Michael Spicer, whose family has had a vacation home here for the past
20 years and Alexander Benedetto, were jointly arrested and charged in
January 2000 along with William Labrador and Evan George, for the murder
of 34-year old Connecticut artist Lois Livingston McMillen.
Spicer is a 37 year old law student from Virginia; Labrador is a 37 year
old financial adviser from Southampton, New York; Benedetto, 35, worked
for a publisher in New York City and George, 23, is an unemployed construction
worker from Washington D.C.
McMillen’s body was found along the shoreline of Drake’s Highway in West End on January 15th. The four men had been socializing with her just days before the incident. Police here arrested the men on suspicion after they found wet and sandy shoes at their Belmont home the same day, what appeared to be blood on Spicer’s shirt and a cut on Labrador’s nose that he could not satisfactorily explain.
After several postponements during the preliminary inquiry, the Magistrate found on August 11th that there was a prima facie case and committed the four to stand trial. The case also suffered several adjournments in the High Court, but finally began April 2nd this year. By this time, the men had spent 15 months in prison awaiting their fate.
Senior Crown Counsel Terrence Williams stated in his opening argument
that McMillen was beaten and violently drowned. Along with lead
prosecutor Theodore Guerra Q.C. of Trinidad and Tobago and David Abednego
of the Attorney General’s Chambers here, they presented numerous
exhibits and 21 witnesses over a three week period. The witnesses included
Texan Jeffrey Plante, an ex-con who swindled several local businesses
through writing bad cheques and who was in jail here for violating his
immigration status.
Defense attorneys Richard Hector Q.C. (representing Labrador), J.S. Archibald Q.C. (representing Spicer and George) and Paul Dennis (representing Benedetto), spent the next six days presenting a no case submission. They focused on discrediting the character of the crown’s star witness, calling him a liar and a cheat and arguing that this evidence was “less than thin”.
After court adjourned last Tuesday May 1st, presiding judge Justice Kenneth
Benjamin returned Thursday and ruled that there was insufficient
evidence connecting Spicer with the crime. He said the evidence presented
did not implicate Benedetto and regarding George, the judge said he is
found to have no case to answer. He had first overruled the submission
in Labrador’s case. Justice Benjamin also ruled that the alternative
verdict of accessory after the fact for these three men had been introduced
too late in the proceedings and it would be inappropriate for the issue
to be raised after the prosecution had closed its case. “I am thoroughly
convinced that the defense was taken by complete surprise…(and) it
is discomforting that this state of affairs arose,” Justice Benjamin
said sternly. “Such an approach by the prosecution is not in keeping
with their role as ministers of justice…and this approach ought never
to be repeated.” He therefore directed the jury, who were sent out
of the courtroom during the exercise, to return a formal verdict of not
guilty in respect of Spicer, George and Benedetto.
As the other three were discharged and told to leave the box, applause
broke out in the courtroom from amongst their family and friends who had
been observing the trial closely since it began. In an interview with
The Island Sun following the verdict, well-known local attorney J.S. Archibald
Q.C., who said this was one of the most high profile cases in his 41-year
career, said justice has been done. “The justice system in this country
has proved itself once again to be first class and the equal of the best
in Europe, Britain and the United States of America.”
For Evan George, this ordeal had been “a hectic nightmare”.
He was only in the BVI for four days before he was arrested and charged
for murder. “I didn’t know the person; I’m really sad that
someone died, but I know nothing about it. I think the Police might have
been a little quick to jumping to conclusions.” George said words
could not describe how he feels to be finally free. He remained convinced
that the jury would find Labrador innocent. As for him coming back to
the BVI, he said: “Will I come back? No! I’m alright!”
Spicer also expressed pleasure at the outcome of his trial and had high praise for his attorney and the judge. “I’m just hoping now that my (other) houseguest, William, will soon join the three of us in our freedom, as he should...I know he’s innocent and he has just been kept there by the word of a conman who has lied about him and the three of us.” Spicer said he still loves the BVI and the Tortolian people. “I think this is very sad what’s happened, particularly in that Lois died in very tragic circumstances. I did know her, I knew her quite well… Justice for Lois, I suppose, will come with some more thorough police investigation.” He commented that the criminal justice system and the police in the BVI are behind the times and need to update their procedures. “(They) need to be a little more restrained in arresting people right away on not very much evidence or no evidence in this case.”
For his part, Benedetto was also very relieved to see the end of this ordeal. He said perhaps he might return to the BVI someday, but he declined to elaborate on his feelings about the territory in the wake of the events of the last 16 months. After being discharged Thursday afternoon, they returned to court Friday morning to answer to a lesser indictment of perverting the course of justice. The judge had the matter against Spicer and Benedetto traversed to the next criminal assizes in October 2001, while he dismissed George saying they will not be proceeding with a case against him.
The prosecution argued unsuccessfully for Spicer and George to have to report daily to the Police Station. Archibald argued that Spicer had been coming to the BVI for the past 20 years, has property here and will be returning here from time to time and therefore had no reason to abscond. Dennis said that keeping in mind the circumstances of the case where his client was acquitted of murder and the alternative charge, it would be “manifestly unjust to seek to restrict my client’s liberty”. He said the judge’s order should stand unabridged. Justice Benjamin agreed and set bail at $100,000 with one surety each for Spicer and George, with no cash requirement and no other condition.
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